Tierracast Inc. v. Cousin Corporation of America, ABC Corporations 1-10, John Does 1-10
Published: Jan. 17, 2015 | Result Date: Apr. 29, 2014 | Filing Date: Jan. 1, 1900 |Case number: 4:13-cv-03944-DMR Settlement – Permanent Injunction
Court
SD New York
Attorneys
Plaintiff
Rollin A. Ransom
(Sidley Austin LLP)
Defendant
Bruce G. Nye
(Scali Rasmussen)
Facts
TierraCast Inc. filed a copyright infringement lawsuit against Cousin Corp. of America.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that it owned certain copyright registrations for original jewelry designs, including certain "Bead Designs," "Charm Designs", and "Link Designs." Plaintiff further alleged that defendant infringed plaintiff's copyrights in the designs when defendant, without authorization from plaintiff, sold certain jewelry items that included copies of plaintiff's designs or were substantially similar in appearance to plaintiff's designs.
DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations based on a lack of information and belief.
Result
Upon a settlement between the parties, the court entered a consent judgment and permanent injunction as to defendant. Cousin was permanently enjoined from various activities, including advertising or selling in certain products that were substantially similar to or otherwise infringed upon plaintiff's copyrights. One of defendant's products, however, was exempt from the injunction, provided defendant modified the product to not include any infringing component.
Other Information
FILING DATE: Aug. 23, 2013.
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